United States Supreme Court Cases & Opinions

U.S. Supreme Court

Marcello v. INS, 349 U.S. 302 (1955)

Marcello v. Immigration and Naturalization Service

No. 145

Argued April 21-22, 1955

Decided May 31, 1955

349 U.S. 302

Syllabus

After a hearing pursuant to § 242(b) of the Immigration and Nationality Act of 1852, petitioner, an alien who had been convicted in 1938 of violation of the Marihuana Tax Act, was ordered deported. Section 241(a)(11) of the 1952 Act makes such conviction at any time ground for deportation, and § 241(d) provides that the deportation provisions of § 241(a) shall apply even though the facts giving rise to the alien's deportability occurred prior to the date of enactment of the 1952 Act. The validity of the deportation order was challenged by petitioner in a habeas corpus proceeding.

Held:

1. The Immigration and Nationality Act of 1952 expressly supersedes the hearing provisions of the Administrative Procedure Act. Pp. 349 U. S. 305-310.

2. The fact that the special inquiry officer was subject to the supervision and control of officials in the Immigration Service charged with investigative and prosecuting functions did not so strip the hearing of fairness and impartiality as to make the procedure violative of the Due Process Clause of the Fifth Amendment. P. 349 U. S. 311.

3. Petitioner failed to support his claim that, within the meaning of this Court's decisions in the Accardi cases, his case was prejudged by the Board of Immigration Appeals and by the special inquiry officer. Pp. 349 U. S. 311-314.

4. The prohibition of the ex post facto clause of the Constitution does not apply to deportation of aliens. Galvan v. Press, 347 U. S. 522; Harisiades v. Shaughnessy, 342 U. S. 580. P. 349 U. S. 314.

212 F.2d 830 affirmed.

Page 349 U. S. 303